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• Waswa v Republic (Petition 23 of 2019) [2020] KESC 23 (KLR) (4 September 2020) (Judgment) Case Summary
  
• Federica Martina Ferro v Gabriella Zouras Ferro [2020] eKLR
  
• Republic v Peter Mwebia [2020] eKLR
  
• Miriam Cherogony v African Rural and Agricultural Credit Association & another [2020] eKLR
  

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• Article 3 - Defence of this Constitution.
  

  3. (1) Every person has an obligation to respect, uphold and defend this Constitution. (2) Any attempt to establish a government otherwise than in compliance with this Constitution is...

• Article 4 - Declaration of the Republic.
  

  4. (1) Kenya is a sovereign Republic. (2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.

• Article 5 - Territory of Kenya.
  

  5. Kenya consists of the territory and territorial waters comprising Kenya on theeffective date, and any additional territory and territorial waters as defined by an Act of Parliament.

• Article 6 - Devolution and access to services.
  

  6. (1) The territory of Kenya is divided into the counties specified in the FirstSchedule. (2) The governments at the national and county levels are distinct and interdependent and shall conduct...

• Article 7 - National, official and other languages.
  

  7. (1) The national language of the Republic is Kiswahili. (2) The official languages of the Republic are Kiswahili and English. (3) The State shall— (a) promote and protect the diversity of...

• Article 8 - State and religion.
  

  8. There shall be no State religion.

• Article 9 - National symbols and national days.
  

  9. (1) The national symbols of the Republic are—(a) the national flag; (b) the national anthem; (c) the coat of arms; and (d) the public seal. (2) The national symbols are as set out in the Second...

• Article 10 - National values and principles of governance.
  

  10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them— (a) applies or interprets...

• Article 11 - Culture.
  

  11. (1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. (2) The State shall— (a) promote all forms of...

• Article 12 - Entitlements of citizens.
  

  12. (1) Every citizen is entitled to— (a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and (b) a Kenyan passport and any...

• Article 13 - Retention and acquisition of citizenship.
  

  13. (1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date. (2) Citizenship may be acquired by birth or...

• Article 14 - Citizenship by birth.
  

  14. (1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. (2) Clause (1)...

• Article 15 - Citizenship by registration.
  

  15. (1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen. (2) A person who has been lawfully resident in...

• Article 16 - Dual citizenship.
  

  16. A citizen by birth does not lose citizenship by acquiring the citizenship ofanother country.

• Article 17 - Revocation of citizenship.
  

  17. (1) If a person acquired citizenship by registration, the citizenship may berevoked if— (a) the person acquired the citizenship by fraud, false representation or concealment of any material...

• Article 18 - Legislation on citizenship.
  

  18. Parliament shall enact legislation— (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c) providing for the status of permanent...

• Article 19 - Rights and fundamental freedoms.
  

  19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and isthe framework for social, economic and cultural policies. (2) The purpose of recognising and protecting human rights...

• Article 20 - Application of Bill of Rights.
  

  20. (1) The Bill of Rights applies to all law and binds all State organs and all persons. (2) Every person shall enjoy the rights and fundamental freedoms in the Bill ofRights to the greatest...

• Article 21 - Implementation of rights and fundamental freedoms.
  

  21. (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. (2) The State shall...

• Article 22 - Enforcement of Bill of Rights.
  

  22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is...

• Article 23 - Authority of courts to uphold and enforce the Bill of Rights.
  

  23. (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or...

• Article 24 - Limitation of rights and fundamental freedoms.
  

  24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and...

• Article 25 - Fundamental Rights and freedoms that may not be limited.
  

  25. Despite any other provision in this Constitution, the following rights andfundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or...

• Article 26 - Right to life.
  

  26. (1) Every person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except to the extentauthorised by this...

• Article 27 - Equality and freedom from discrimination.
  

  (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and...

• Article 28 - Human dignity.
  

  Every person has inherent dignity and the right to have that dignity respected and protected.

• Article 29 - Freedom and security of the person.
  

  Freedom and security of the person. 29. Every person has the right to freedom and security of the person, whichincludes the right not to be— (a) deprived of freedom arbitrarily or without just...

• Article 30 - Slavery, servitude and forced labour.
  

  30. (1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.

• Article 31 - Privacy.
  

  31. Every person has the right to privacy, which includes the right not to have—(a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or...

• Article 32 - Freedom of conscience, religion, belief and opinion.
  

  (1) Every person has the right to freedom of conscience, religion, thought,belief and opinion. (2) Every person has the right, either individually or in community with others,in public or in...

• Article 33 - Freedom of expression.
  

  (1) Every person has the right to freedom of expression, which includes— (a) freedom to seek, receive or impart information or ideas; (b) freedom of artistic creativity; and (c) academic freedom...

• Article 34 - Freedom of the media.
  

  (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2). (2) The State shall not— (a) exercise...

• Article 35 - Access to information.
  

  (1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental...

• Article 36 - Freedom of association.
  

  (1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. (2) A person shall not be compelled...

• Article 37 - Assembly, demonstration, picketing and petition.
  

  Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

• Article 38 - Political rights.
  

  38. (1) Every citizen is free to make political choices, which includes the right—(a) to form, or participate in forming, a political party; (b) to participate in the activities of, or recruit...

• Article 39 - Freedom of movement and residence.
  

  (1) Every person has the right to freedom of movement. (2) Every person has the right to leave Kenya. (3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.

• Article 40 - Protection of right to property.
  

  (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and in any part of...

• Article 41 - Labour relations.
  

  (1) Every person has the right to fair labour practices. (2) Every worker has the right—(a) to fair remuneration; (b) to reasonable working conditions; (c) to form, join or participate in the...

• Article 42 - Environment.
  

  Every person has the right to a clean and healthy environment, whichincludes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and...

• Article 43 - Economic and social rights.
  

  (1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and...

• Article 44 - Language and culture.
  

  (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice. (2) A person belonging to a cultural or linguistic community has the right,...

• Article 45 - Family.
  

  (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State. (2) Every adult has the right to...

• Article 46 - Consumer rights.
  

  (1) Consumers have the right— (a) to goods and services of reasonable quality; (b) to the information necessary for them to gain full benefit from goods and services; (c) to the protection of...

• Article 47 - Fair administrative action.
  

  (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. (2) If a right or fundamental freedom of a person has been or is...

• Article 48 - Access to justice.
  

  The State shall ensure access to justice for all persons and, if any fee isrequired, it shall be reasonable and shall not impede access to justice. Rights of arrested persons.

• Article 49 - Rights of arrested persons.
  

  (1) An arrested person has the right— (a) to be informed promptly, in a language that the person understands, of— (i) the reason for the arrest; (ii) the right to remain silent; and (iii) the...

• Article 50 - Fair hearing.
  

  (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and...

• Article 51 - Rights of persons detained, held in custody or imprisoned.
  

  (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a...

• Article 52 - Interpretation of this Part.
  

  (1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons. (2) This Part shall not be construed...